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fj the weather m __ m Chicago and vicinijy fair fri jl fc jj day followed by increasing cloudi j \*\ ess at night or saturday slightly jj â– ljj warmer friday light variable winds fl vol viii no 45 a m Chicago examiner friday february 11 1910 16 pages j iuam an fluto a wm why not have one fv f machines of every description and price u m fi g3 including most of the cars exhibited at p v 3f the show as well as some exceptional bar *_ j \_ i gains in second hand and rebuilt cars ad j a v j vertised every day under antomobiles in lu |? examiner warn udl % prir onf cfnt dell-ered toy carrier borah's speech for income tax wins the support of sen root idaho man assured by new yorker of his aid after lengthy address sees defeat for act measure will be beaten by amassed wealth he tells mis colleagues washington feb 10 senator wil liam e borah of idaho tc-day delivered a brilliant reply to the criticisms of gover nor hughes of new york on the proposed income tax amendment to the constitu tion his genera argument was that the proposed amendment will confer no powers on the central government with regard to taxation that it does not already possess and that therefore the fears of governor hughes are idle as a direct consequence of the senator's argument it was developed that senator elihu root of new york is about to emerge from his shell and give that sup port to the income tax amendment that he promised during the debate in the senate at the special session root in other words is coming out in defense of the amendment and in a speech on the floor of the senate will take direct issue with governor hughes specially following the same line of argument as that adopted by senator borah to-day agrees with legal points the following interesting conversation oc curred on the floor of the senate just after adjournment this afternoon coming over to congratulate borah root said borah i disagree with you on your criticism of those who are opposed to the amendment but i entirely agree with you in your legal argument on the amendment then root said senator cummins of lowa quickly you ought to say so on the floor of the senate for an instant the new york senator was nonplused and then he replied if lt will be of any u^e if my views are of importance in the discussion â€” i will certainly do so senators standing near among them bailey and bacon who likewise indorse as constitutional authorities the views of borah hastily congratulated root on the announcement of his stand it is rumored to-night also that he has written a letter to the new york legisla ture indorsing the income tax amend ment which will be read to the senate and assembly at albany within a short time senator brown of nebraska author of the income tax amendment also addressed the seiinte to-day briefly ou the subject declaring his belief that if the views of governor hughes are correct that all in comes can be taxed even those derived from state and municipal bonds he urged that as an additional reason why the amendment should be adopted has faith in people senator brown however declared that he shared the views of senator borah on the main question though he differed with him iu the latter's belief that the amend ment will be defeated by the states through the power of amassed wealth senator brown said that his fuith iu the american people was such that he was convinced they would ultimately adopt the amendment senator borah's argument was listened to by almost all the membership of the senate and when he had concluded he was warmly congratulated by a score of his colleagues under six heads the sena tor disposed of the criticisms of governor hughes as follows i that the proposed amendment adds nothing to the taxing power of the na tional government this power was com plete unfettered and plenary before it can be no more than that should the pro posed amendment be adopted doesn't deal with power 2 the proposed amendment does not deal or propose to deal with the question of the power which is already complete but simply with the manner and method of its exercise of that power 3 no one has ever questioned the pow er of the national government to lay an in come tax for as was said by justice white the question has always been whether an admittedly unlimited power to tax has been used according to the in struction as to method and it was to remedy the method alone that the amend ment was submitted 4 where the words from whatever source add nothing to the force of the amendment it would in constitutional parlance be just the same if it said to lay and collect taxes on incomes without apportionment for who could say then you have not the right to lay taxes upon all incomes the present taxing power would not ire a particle stronger if it said to lay and collect taxes on all property from whatever source s to construe the proposed amendment so as to enable us to tax the instrumen talities of the state would do violence to the rules laid down by the supreme court for a hundred years wrench the whole constitution from its harmonious propor tions and destroy the object and purpose fro which the whole instrument was srauied in harmony with marshal â€¢'(_â€” to construe to cover tn 3e incomes from sources within the j-i;|jiction and own suit may kill 10,000,000 combine corn products company in claiming 81 7 is itself put on defense in court a municipal court suit involving 817 is to decide the fate perhaps of chicago's 10,000,000 glucose combine if the oriental candy company 248 west jackson boulevard which is being sued can show that a contract made with the corn products refining company was in violation of the Illinois trust laws then not only will it win ln the present litiga tion but the corn products refining com pany will be automatically dissolved its officers too will be subject to indictment and prosecution the action of the refining company took a peculiar twist yesterday when it came on for trial before municipal judge beitler positions practically reversed the positions of plaintiff and defendant were reversed practically when attorney beerly for the oriental candy company indicated that he would seek to wring from officers of the plaintiff company evidence in support of the following contentions that plaintiff's contract with defendant which it is sought to enforce covers a re bating scheme and is in violation both of the Illinois trust laws and the sherman anti-trust law that as a violator of those laws the com products refining company cannot sue shonld defendant be able to prove his charges the same fate met by the ameri can glucose company ancestor of the so called glucose trust awaits the latter several years ago a suit was thrown out of court ln Illinois when the american glucose company now the corn products refining company was shown to be vio lating the state law the company forth with ceased to operate and was eventually absorbed by the refining company president bedford on stand at yesterday's hearing e t bedford president of the corn products refining company and v l price chairman of tho executive committee of the national con fectioners association were the principal witnesses mr price testified that the corn j products refining company np to 1906 had a monopoly on the sale of glucose and had charged exorbitant prices after the independent companies entered the field he said instead of lowering the prices the refining company compelled confectioners to enter into a contract by which an overcharge of 15 cents per cwt was agreed upon a rebate ou this amount however was allowed at the end of the year providing the confectioner continued to purchase of the corn prod ucts refining company and did no busi ness with the independents mr bedford was prohibits from answer ing a number of embarrassing questions through objections of his attorney iu his statement of the case attorney g e beerly for lire defendant said we expect to prove that the corn products refining company is organized for the restriction of trade the so-called profit sharing plan in reality is an ar rangement by which the company call re tain for over a year at a time 2,000,000 of the confectioners money which it now nses in its busiuess should defendant win the present suit it will cause the refini : ; company to lose the use of the 2,000,000 now alleged to be returned in the form of rebates argu ments will be continued to-day ex-president's son who is engaged to marry finances prince loses mile kemper's suit for 07,000 shows plan to win a v-nderbilt paris feb 10 at the trial to-day of the old suit brought by mile wllhelmlna kemper who says that she was victim ized out of 97,000 which sum was to he used to finance the matrimonial projects of prince victor of thurn and taxis count bearn testified that nt one time ncgot nlions were in progress for he blind > of miss vanderbilt but that the sail fnllecxand the prince carried off an amer ican _ 3_c_r a do sen witnesses identified the kniish countess clare who actml as inierineÃŸary between ihe prince and rllle keinjiciw as the womnn who once k<r|>t n jeifi.nia shop in the itue i'alx und npllisd t.r.jr to t.r.sr cupid's bagged me young theodore admits en gagement to miss eleanor alexander of new york i've cabled to africa we shan't be married until hunters get back but it's true all right new york feb 10 colonel theo dore roosevelt africa teddy jr shot dan cupid notorious highwayman sus pected wo.und through heart apparent ly cannot recover rnsh blessing yes i've cabled my father said theo dore roosevelt jr this evening but he hasn't got the message yet of course we shan't be married till he gets home from africa but it's true we are going to be married all right he was standing in the doorway of mrs henry addison alexander's house 42 west forty-seventh street when a reporter called and a chorus of appreciative laugh ter from the dining room followed his words he blushed and went on bravely oh i never thought they'd make so much fuss about this i didn't think.they'd try to make a romance out of this but it is a romance isn't t asked the reporter you're to marry miss eleanor alexander aren't you yes of course hut i can't talk about where we met and all that just say that i have known miss alexander for a good many years another gale of laughter from within is this the dinner party given for the announcement oh don't say anything about that more laughter and the ringing of the tele phone bell wants her best photo used a sweet voice was heard in brief con versation over the telephone then miss eleanor alexander a vision of beauty ap peared in the hall ted she cried they've only got an old picture of me of course said ted but that doesn't matter but they say it's an old picture pouted the lovely bride-to-be and not not very good looking i suppose if they are going to have a picture in the paper they might as well have a that's so too said ted and away miss eleanor flew to return in a minute wtih albums and fraÂ»ed photographs the young couple sat down side by side on the stairs and began to sort out the desirable from the undesirable ones the prettiest of all the pretty pictures of the really pretty miss alexander was at last selected and the reporter departed presently the dinner party began to emerge from the house and take cabs for the globe theater mr roosevelt and i miss alexander took the last cab sit in the first row they entered the theater just as mont gomery and stone and the hengler sisters were sineinc what i think of you instead of going to a box the young couple took seats in the very first row - formal announcement of the engagement was made this afternoon by mrs henry addison alexander her daughter miss eleanor is one of the most charming . young women of new york society petite pretty and gracious she is a talented musician and is one of the viollnistes of the symphony club of new york she made her debut last winter at a dance given by her mother at the colony club miss ethel roosevelt had her coming out at about the same time miss alexander is a granddaughter of mrs henry m alexander of west fifty fonrth street and a great-granddaughter of the late theron r butler she is a niece of charles b alexander who married the sister of the late george crocker of cali fornia engagement surprises washington washington p c feb 10.â€”sur prise was expressed in official and socinl circles to-night over the announcement of hie engagement of theodore roosvelt jr to miss eleanor alexander young roose velt was very popular during his residence at the white house it had been supposed here that he was engaged to miss carrie e munn of chi cago n millionaire winter resident of washington his romance with miss alex ander was undreamed of while it had been rumored that an understanding if uot an engagement existed between him tnd miss munn but that on account of their youth the announcement was dc . ferred miss munn is a great friend of miss ethel roosevelt and young roosevelt paid her a great deal of attention mr alexander the father of the bride to-be now lives iu paris he married jessie torrence a daughter of general joseph t torrence the pioneer steel maker of Chicago recently mr alexander was deserted by his wife who eloped with an english barrister named elackiston king gustav is better r monarch of sweden iknllien after j appendicitis operation special cable to the examiner stockholm teh ' 10 king gustav is doing well his physicians to-ch-y stat ins that the results of the opera on for anpeudicltis performed monday night are favorable the king bested easily last ; night with only a slight fever german ambassador dies madrid feb 10 count von tati'n b-ich the german anibasndor to spain s , deed connt voir tnttenbac came of Â« j familv belonging to the ancient nobility of upper bavaria hose male members enjoy > the title of count in bavuria and that of baron in austria he was appointed am j bassn-or to spain on december zs rjos dynamiters wreck building of frank accuser of mccann bomb blows roof off of unoccupied structure on halsted street and terrifies neighborhood louis frank accuser of inspector ed ward mecann in the bribery cases which resulted in the police official's conviction for collecting tribute from vice dens on the west side was made the target of bomb-throwers last night one of prank's buildings at 116 halsted street was dyna mited the interior of the building was badly wrecked and part of the roof was blown off the bomb-throwers _ escaned long before the police arrived frank recently erected a brick building running from 116 to 124 halsted street one story in height the building was completed a few days ago and is unoccu pied shortly after 8 o'clock in the even ing a big bomb patterned after those used by the gambling dynamiters was exploded in the center of one of the empty stores of the structure when the explosion occurred detectives cullet and mulvihill were passing by the eaploslon tore out windows and aroused the entire neighborhood the two police officers were so close that they felt the shock and were almost thrown to the ground by the force of the explosion when they saw what had happened they ran to the rear of the building hoping to catch the dynamiters the bomb how ever had been set off with a time fuse and the fuse had probably been burning half an hour before the detonation oc curred lodging houses and other places in the neighborhood were emptied when the dyna mite exploded and the police and fire de partment had to fight to keep the crowd back from the place the building which was wrecked at one time was the site of a vice resort con ducted by charles genker known as monkey face charlie who also accused the police of having forced him to pay tribute to run his resort an investiga tion conducted by lieutenant madden dis closed the fact that two men were seen hanging about the building early in the evening astors may make up mrs john jacob delays asking for confirmation of decree new ork feb 10 failure of mrs john jacob astor to apply within the last three days for a confirmation of the inter locutory deere^of divorce grfff*)ti by jn tice mills has given rise to rumors among friends that the final decree may never be sought and that a reconcllation is possi ble mrs astor has twenty-seven days re maining in which to ask for the final de cree and some of her friends believe the delay is due to the fact that henry w Taft who represented her ln court at the time the interlocutory decree was granted is at present in the west on the other hand she has other counsel in new york and it has been the general custom of coun sel in divorce cases to be prompt in having the decree of their clients made final duke weds czar angry michael's bride has been divorced three times special cable to the examiner st petersburg feb 10 there is much excitement and anger in court circles about the secret marriage of grand duke michael alcxandrovitch the czar's only brother to a woman who in the course of an adventurous career has been di vorced thrice the duke has been seen with his morganatic wife at the fashion able restaurants of moscow the attach ment has not been a secret but the mar riage only became known to-day the czar is reported to be furious and the dowager empress marie refuses to see michael the czar paid a remarkable visit to the capital to-day he was unes corted and drove iu an open carriage he visited his mother mrs Taft aids crusade joins effort to have government huildlni made sanitary washington feb 10 with the full approval and hearty co-operatiou of mrs Taft wife of the president the local coin mittee of the national civic federation will agitate for betterment of conditions in unsanitary poorly ventilated and lighted government buildings mrs john hays hammond and mrs richard wainwright wife of admiral wainwright visiter the census bureau and had a conference with director kurand about the alleged poor ventilation theve ho promised to install ventilator fans elliott's first wife sues for 2 millions claims money is due her for furnishing miner with grubstake . guggenheim plot seen relatives of dead . prospector say suit is scheme of copper trusi g suit to set aside the will of harry cur tis elliott who was killed in a snow slide december 30 1909 in alaska where j he had extensive copper properties was j begun yesterday in the circuit court by 5 mrs katherine may elliott his divorced " wife the estate is valued at 2,000,000 s and was left to his second wife mrs grace b van wormer ellott and her two-year-old j son henry curtis elliott jr 8 the first mrs elliott claims one-half of s the estate on the ground that she grub | staked elliott when he went to alaska in 1898 and that in consi leration of the ' t 500 which she gave him he agreed to give j her this share of any discoveries he might . make j relatives of the second mrs elliott who is now stopping with her brotber-in-law h p elliott at 448 oakwood boulevard say that the suit is the culmination of a plot on the part of the guggenheim copper _ interests to rob them of the richest copper holdings hi alaska i sues for grub stake h p elliot the brother of the dead man said last night in 1905 mrs kathertce elliott his di vorced wife brought suit in alaska for an alleged grub stake which she had given him when he went to alaska and found these valuable properties when as a mat ter of fact i supplied the money with which he was able to go there the only money he received from her he usedi for in suring his life in her favor in any event when the suit was started in alaska i was there and so was she she was represented by the guggenheim inter est lawyers and it was charged in the case that she was simply suing to recover the porperty so that it could be turned over to them for a consideration the snit was properly tried ln the united states terri torial court at valdez alaska and af tgr weeks er argument the - court decided that she had no claim and dismissed the suit it is simply an effort to secure prop erty to which she has no legal right no appeal was taken by her from the decision of the territorial court and all appeal is now outlawed she had absolutely no grounds on which to base her suit mrs katherine elliott is at present stop ping at 5116 kimbark avenae according to the papers which she filed in the cir cuit court yesterday through her attor ney g i haight on jan 31 18d8 elliot made a will of which the following is an extract know all men by these presents i hereby bequeath to my wife katheriue may elliot all my earthly possessions also she shall be my executrix without bond also that she shall have the entire amount of insurance also if i return from alaska whatever riches i possess she shall have 50 per ceut of the same in consideration of 500 given me in cash to make the trip to alaska tells of divorce suit this is witnessed by evelyn beeves and walter n treleaven in her bill she fur ther recites the dead man on december 24 1902 in the name of harry curtis elliott began suit against her for divorce that she filed a cross bill claiming desertion and was granted her divorce that she was told he was without funds at this time nnd believing this to be true did not sue for any alimony according to the will filed after elliott's death his second wife is to havg one-hai t of the income of the estate and one-harf is to go to his son when he becomes of age if both his son and his wife should die then 20 per cent is to be divided equally between a j elliott and louise elliott his brother and sister and the remainder is to be left to accumulate until it reaches j.2.000.000 provided it does not require more than twenty-five years after the time of his death and then this money is to go to the establishment of a home for friend less children this will is signed by wil liam s miller of winnetka and rose mitch ell and william h aart of Chicago as wit nesses hundred die in blizzard st petersburg pel 10 more than 100 persons have perisiied in a blizzard now sweeping over western russia ac cording to fragmentary reports that reached here to-day complete communi cation will not be restored for some time â€¢ as mense drifts have wrecked telegraph lines surrenders fiancee for mother's sake son of late col c c ayres can't support miss dorothy king'and parent too new york feb 10 it was announced to-day that the engagement of miss doro thy king daughter of david h king jr of fifth avenue to fairfax ayres son of the late colonel charles c ayres who resides with his widowed mother at 36 west fifty-ninth street has been broken to-night the reason for this sudden end ing to a very interesting romance was made public a reason that is typically american the announcement of the engagement last fall was heralded with much joy ln a large circle of friends of both the king and ayres families and when the sudden death of colonel ayres occurred in september the postponement to a later date was not con sidered anything extraordinary but when the situation in its true light was brought forward young fairfax had to choose be tween allowing his mother to shift for her self on the insignificant sum of 30 per month that the united states government allows her or give up his heart's desire he chose the latter his bride-elect is now at palm beach and at her home on fifth avenue it was said that the engagement is oft for good and all young ayres is iust becoming established in business with archibald mccrea in the railway supply line and his income is not sufficient yet to run two households young ayers was a cadet at west point in 1907 and loaned his sister a military coat miss ayers refused to discard the coat when ordered to do so and mrs ayers who championed her daughter was ordered off the reservation then the sudden retirement of colonel ayers was brought about in may 1908 fairfax ayers who had graduated in february and been assigned to the seventh cavalry resigned his com mission being the first in six generations of the family to give up the profession of a soldier his letter of resignation in washington explains the reason he could not serve a country it says that had re fused to recognize his father's worth and had greatly insulted his mother 80ciety girl who lose6 fiancebecau-eheispoor busse in speech no 2 mayor arlrlr-esws fire pans at dinner to marshal horan fire marshal james horan was the guest of honor at a banquet in the hotel la salle last night by the fire fans of Chicago mayor fred a busse attended and made his second public address as chief executive of Chicago after the din ner an organization was perfected to be known as the fire fans club of chi cago with j r d stevenson as presi dent and edward j sullivan as secretary the organization is composed of men prominent in the commercial financial in dustrial and professional world of chi cago who never fail to respond to a 2-11 or a 4-11 lire alarm uo matter where they are a joker in the room struck ail alarms turned in during the evening mayor busses speech was as follows i am pleased to be here and to honor my friend fire marshal horan he is a tine man and the best chief ever here is good luck to him and to this club aviator breaks record dnray covers three miles in 4 min utes 12 4-5 seconds special cable to the examiner london feb 10 a dispatch received to-day from cairo says that the aviator dnray at heliopolis has broken the aero plane record for three miles covering that distance in four minutes twelve and four iiftbs seconds in a farmau biplane mine de la hocbe won an air pilot's license from the french aero club by hy ing four times a round the aviation coarse i total distance of twelve miles she is the first woman to get this distinction vanderbilt must pay french trlunnal assesses jew yorker 4,500 for auto victim special cable to the examiner paris feb 30 harold v*au__r_ilt of new york was condemned to-day in xuâ€”u tribunal or tiro s-ii.e to pay jj-1.-oo abi ages to n hnriie.s:-r:â€žaker who '^ m a)i m m\&th by mr vauderbi'.t's mnoiikjmtfflÃŸfl ence in february ( l^o7 â€ž hyde arrested as the willful slayer of col swope physician waits with lawyer for deputy and hurries from kansas city to inde pendence to furnish bail paxton swears out warrant charging murder in the first degree judge calls special grand jury to investigate libel suits withdrawn to keep deposition out of the hands of prosecution prisoner is cheerful sleeps well kansas city mo feb 10 dr ben nett clark hyde was arrested this after noon charged with the murder of colonel thomas h swope kansas city's million aire philanthropist the complaint which charged first de gree murder was signed by johnson g paxton one of the executors of the swope estate and also one of its attorneys dr hyde's bond was fixed at 50,000 and that amount was furnished at his ar raignment before w s loar justice of the peace in independence the prelimin ary hearing was set for thursday febru ary 17 one week from to-day at t*d o'clock when dr hyde was arraigned he aroae and pleaded not guilty to the charge of murder the physician's bond of 50,000 was signed by fernando p neal president of the southwest national bank ; w d scruggs a live atock dealer at the stock yards h f hall william mclaug'.ilta of mclaughlin brothers horse ieale : john h lucas one of mrs hyde's attor neys and attorney for the metropolitan street railway company ; frank i walsh and john cleary hyde's attorneys and dr hyde himself hyde waits for warrant the warrant was served at 4 o'ei ;. hyde's attorneys were notified at noon that a warrant for his arrest would be issued and were told to have their client at the criminal court building at 4 o'clock to be arrested during the time elapsing between noon and 4 o'clock dr hyde sat in the offices of his attorneys and read he did not seem to mind the thought of being placed under arrest he chat ted with friends and attorneys and called up tiis wife wbo is a niece of colonel swope the conversation with mrs hyde wa not a long oue he simply told her that he was to be placed under arrest but that he would be home for snpper all arrangements for the bond were fixed earlier in the week at 4 o'clock when virgil conkling pros ecuting attorney appeared in the criminal court building with marshal joel mayes dr hyde who bad been chatting with a group of friends excused himself and walked over to the prosecutor's desk marshal mayes tapped him upon the shoulder from behind and said i have something here for you waives reading of warrant attorney walsh before his client could say a word jumped to his feet and said we waive the reading of the warrant immediately following this the party got into waiting automobiles and went to in dependence where dr hyde was ar raigned in the party were prosecutor virgil conkling dr hyde attorneys lu cas walsh cleary and johnson and mar v shal mayes the justice's office is a small room and there were only two chairs dr hyde was conducted to one of these and justice loar took the other dr hyde arose and declared i hate to be sitting down when so many older men are standing up won't one of you please take my chair he was told to keep his seat and the arraignment proceeded after the adjournment dr hyde rushed to his wife wbo is ill a special grand jury has been called to inquire into the death of colonel swope it will be convened saturday morn'nr at 9 o'clock 4 j this decision was reached at a lengt-'y conference between attorneys for dr hyde john g paxton's lawyers prosecu tor conkling and judge of the criminal court ralph latshaw the conference which was called at the order of prose cutor conkling was held in mr conk ling's private office and lasted about half an hour will call special grand jury judge latshaw made his first statement about the case this morniug there will be a special grand jury to investigate the swope case he said mr conkling is insisting upon lt and i do not care to be placed in the light of interfering i have issued an order tu marshal mayes to call a special grand jury conkling wants to get to work as soon as possible o the grand jury will be summoned at 9 o'clock saturday morning this is only fair the entire state is in terested in t s case the coroner's jury has cast a shadow over mr hyde if he is innocent it ought to be known if he is guilty that too ouiht to be known as soon as possible the grand jury will go through the entire swope case from start to finish every ibody with any possible connection with the deaths and sickness in the siva fnm ll wil_m x a 1 1 1 il : 2_________lt ti^^lnindj g_bt:in.i;;_ii_^b l __________ i l ____________ r__ti^^-^ii_^^r v ; ________â– c , r m r."i 4t.i page a column | _________ _ lady duff-gordon in the sunday examiner hp he foremost dressmaker in the world has been engaged by special arrangement to conduct the fashion department of the sunday examiner and in the issue of next sunday she tells for the first time the secret of how the mill owners set the fashions vto woman in Chicago should overlook this opportunity of -^ learning how the fashions really are made for her there is a whole page with some striking pictures styles fresh from paris which lady duff-gordon says are settled by the manu facturers two years before announcement are dealt with in '. nis page j3rder your paper today

fj the weather m __ m Chicago and vicinijy fair fri jl fc jj day followed by increasing cloudi j \*\ ess at night or saturday slightly jj â– ljj warmer friday light variable winds fl vol viii no 45 a m Chicago examiner friday february 11 1910 16 pages j iuam an fluto a wm why not have one fv f machines of every description and price u m fi g3 including most of the cars exhibited at p v 3f the show as well as some exceptional bar *_ j \_ i gains in second hand and rebuilt cars ad j a v j vertised every day under antomobiles in lu |? examiner warn udl % prir onf cfnt dell-ered toy carrier borah's speech for income tax wins the support of sen root idaho man assured by new yorker of his aid after lengthy address sees defeat for act measure will be beaten by amassed wealth he tells mis colleagues washington feb 10 senator wil liam e borah of idaho tc-day delivered a brilliant reply to the criticisms of gover nor hughes of new york on the proposed income tax amendment to the constitu tion his genera argument was that the proposed amendment will confer no powers on the central government with regard to taxation that it does not already possess and that therefore the fears of governor hughes are idle as a direct consequence of the senator's argument it was developed that senator elihu root of new york is about to emerge from his shell and give that sup port to the income tax amendment that he promised during the debate in the senate at the special session root in other words is coming out in defense of the amendment and in a speech on the floor of the senate will take direct issue with governor hughes specially following the same line of argument as that adopted by senator borah to-day agrees with legal points the following interesting conversation oc curred on the floor of the senate just after adjournment this afternoon coming over to congratulate borah root said borah i disagree with you on your criticism of those who are opposed to the amendment but i entirely agree with you in your legal argument on the amendment then root said senator cummins of lowa quickly you ought to say so on the floor of the senate for an instant the new york senator was nonplused and then he replied if lt will be of any u^e if my views are of importance in the discussion â€” i will certainly do so senators standing near among them bailey and bacon who likewise indorse as constitutional authorities the views of borah hastily congratulated root on the announcement of his stand it is rumored to-night also that he has written a letter to the new york legisla ture indorsing the income tax amend ment which will be read to the senate and assembly at albany within a short time senator brown of nebraska author of the income tax amendment also addressed the seiinte to-day briefly ou the subject declaring his belief that if the views of governor hughes are correct that all in comes can be taxed even those derived from state and municipal bonds he urged that as an additional reason why the amendment should be adopted has faith in people senator brown however declared that he shared the views of senator borah on the main question though he differed with him iu the latter's belief that the amend ment will be defeated by the states through the power of amassed wealth senator brown said that his fuith iu the american people was such that he was convinced they would ultimately adopt the amendment senator borah's argument was listened to by almost all the membership of the senate and when he had concluded he was warmly congratulated by a score of his colleagues under six heads the sena tor disposed of the criticisms of governor hughes as follows i that the proposed amendment adds nothing to the taxing power of the na tional government this power was com plete unfettered and plenary before it can be no more than that should the pro posed amendment be adopted doesn't deal with power 2 the proposed amendment does not deal or propose to deal with the question of the power which is already complete but simply with the manner and method of its exercise of that power 3 no one has ever questioned the pow er of the national government to lay an in come tax for as was said by justice white the question has always been whether an admittedly unlimited power to tax has been used according to the in struction as to method and it was to remedy the method alone that the amend ment was submitted 4 where the words from whatever source add nothing to the force of the amendment it would in constitutional parlance be just the same if it said to lay and collect taxes on incomes without apportionment for who could say then you have not the right to lay taxes upon all incomes the present taxing power would not ire a particle stronger if it said to lay and collect taxes on all property from whatever source s to construe the proposed amendment so as to enable us to tax the instrumen talities of the state would do violence to the rules laid down by the supreme court for a hundred years wrench the whole constitution from its harmonious propor tions and destroy the object and purpose fro which the whole instrument was srauied in harmony with marshal â€¢'(_â€” to construe to cover tn 3e incomes from sources within the j-i;|jiction and own suit may kill 10,000,000 combine corn products company in claiming 81 7 is itself put on defense in court a municipal court suit involving 817 is to decide the fate perhaps of chicago's 10,000,000 glucose combine if the oriental candy company 248 west jackson boulevard which is being sued can show that a contract made with the corn products refining company was in violation of the Illinois trust laws then not only will it win ln the present litiga tion but the corn products refining com pany will be automatically dissolved its officers too will be subject to indictment and prosecution the action of the refining company took a peculiar twist yesterday when it came on for trial before municipal judge beitler positions practically reversed the positions of plaintiff and defendant were reversed practically when attorney beerly for the oriental candy company indicated that he would seek to wring from officers of the plaintiff company evidence in support of the following contentions that plaintiff's contract with defendant which it is sought to enforce covers a re bating scheme and is in violation both of the Illinois trust laws and the sherman anti-trust law that as a violator of those laws the com products refining company cannot sue shonld defendant be able to prove his charges the same fate met by the ameri can glucose company ancestor of the so called glucose trust awaits the latter several years ago a suit was thrown out of court ln Illinois when the american glucose company now the corn products refining company was shown to be vio lating the state law the company forth with ceased to operate and was eventually absorbed by the refining company president bedford on stand at yesterday's hearing e t bedford president of the corn products refining company and v l price chairman of tho executive committee of the national con fectioners association were the principal witnesses mr price testified that the corn j products refining company np to 1906 had a monopoly on the sale of glucose and had charged exorbitant prices after the independent companies entered the field he said instead of lowering the prices the refining company compelled confectioners to enter into a contract by which an overcharge of 15 cents per cwt was agreed upon a rebate ou this amount however was allowed at the end of the year providing the confectioner continued to purchase of the corn prod ucts refining company and did no busi ness with the independents mr bedford was prohibits from answer ing a number of embarrassing questions through objections of his attorney iu his statement of the case attorney g e beerly for lire defendant said we expect to prove that the corn products refining company is organized for the restriction of trade the so-called profit sharing plan in reality is an ar rangement by which the company call re tain for over a year at a time 2,000,000 of the confectioners money which it now nses in its busiuess should defendant win the present suit it will cause the refini : ; company to lose the use of the 2,000,000 now alleged to be returned in the form of rebates argu ments will be continued to-day ex-president's son who is engaged to marry finances prince loses mile kemper's suit for 07,000 shows plan to win a v-nderbilt paris feb 10 at the trial to-day of the old suit brought by mile wllhelmlna kemper who says that she was victim ized out of 97,000 which sum was to he used to finance the matrimonial projects of prince victor of thurn and taxis count bearn testified that nt one time ncgot nlions were in progress for he blind > of miss vanderbilt but that the sail fnllecxand the prince carried off an amer ican _ 3_c_r a do sen witnesses identified the kniish countess clare who actml as inierineÃŸary between ihe prince and rllle keinjiciw as the womnn who once kt n jeifi.nia shop in the itue i'alx und npllisd t.r.jr to t.r.sr cupid's bagged me young theodore admits en gagement to miss eleanor alexander of new york i've cabled to africa we shan't be married until hunters get back but it's true all right new york feb 10 colonel theo dore roosevelt africa teddy jr shot dan cupid notorious highwayman sus pected wo.und through heart apparent ly cannot recover rnsh blessing yes i've cabled my father said theo dore roosevelt jr this evening but he hasn't got the message yet of course we shan't be married till he gets home from africa but it's true we are going to be married all right he was standing in the doorway of mrs henry addison alexander's house 42 west forty-seventh street when a reporter called and a chorus of appreciative laugh ter from the dining room followed his words he blushed and went on bravely oh i never thought they'd make so much fuss about this i didn't think.they'd try to make a romance out of this but it is a romance isn't t asked the reporter you're to marry miss eleanor alexander aren't you yes of course hut i can't talk about where we met and all that just say that i have known miss alexander for a good many years another gale of laughter from within is this the dinner party given for the announcement oh don't say anything about that more laughter and the ringing of the tele phone bell wants her best photo used a sweet voice was heard in brief con versation over the telephone then miss eleanor alexander a vision of beauty ap peared in the hall ted she cried they've only got an old picture of me of course said ted but that doesn't matter but they say it's an old picture pouted the lovely bride-to-be and not not very good looking i suppose if they are going to have a picture in the paper they might as well have a that's so too said ted and away miss eleanor flew to return in a minute wtih albums and fraÂ»ed photographs the young couple sat down side by side on the stairs and began to sort out the desirable from the undesirable ones the prettiest of all the pretty pictures of the really pretty miss alexander was at last selected and the reporter departed presently the dinner party began to emerge from the house and take cabs for the globe theater mr roosevelt and i miss alexander took the last cab sit in the first row they entered the theater just as mont gomery and stone and the hengler sisters were sineinc what i think of you instead of going to a box the young couple took seats in the very first row - formal announcement of the engagement was made this afternoon by mrs henry addison alexander her daughter miss eleanor is one of the most charming . young women of new york society petite pretty and gracious she is a talented musician and is one of the viollnistes of the symphony club of new york she made her debut last winter at a dance given by her mother at the colony club miss ethel roosevelt had her coming out at about the same time miss alexander is a granddaughter of mrs henry m alexander of west fifty fonrth street and a great-granddaughter of the late theron r butler she is a niece of charles b alexander who married the sister of the late george crocker of cali fornia engagement surprises washington washington p c feb 10.â€”sur prise was expressed in official and socinl circles to-night over the announcement of hie engagement of theodore roosvelt jr to miss eleanor alexander young roose velt was very popular during his residence at the white house it had been supposed here that he was engaged to miss carrie e munn of chi cago n millionaire winter resident of washington his romance with miss alex ander was undreamed of while it had been rumored that an understanding if uot an engagement existed between him tnd miss munn but that on account of their youth the announcement was dc . ferred miss munn is a great friend of miss ethel roosevelt and young roosevelt paid her a great deal of attention mr alexander the father of the bride to-be now lives iu paris he married jessie torrence a daughter of general joseph t torrence the pioneer steel maker of Chicago recently mr alexander was deserted by his wife who eloped with an english barrister named elackiston king gustav is better r monarch of sweden iknllien after j appendicitis operation special cable to the examiner stockholm teh ' 10 king gustav is doing well his physicians to-ch-y stat ins that the results of the opera on for anpeudicltis performed monday night are favorable the king bested easily last ; night with only a slight fever german ambassador dies madrid feb 10 count von tati'n b-ich the german anibasndor to spain s , deed connt voir tnttenbac came of Â« j familv belonging to the ancient nobility of upper bavaria hose male members enjoy > the title of count in bavuria and that of baron in austria he was appointed am j bassn-or to spain on december zs rjos dynamiters wreck building of frank accuser of mccann bomb blows roof off of unoccupied structure on halsted street and terrifies neighborhood louis frank accuser of inspector ed ward mecann in the bribery cases which resulted in the police official's conviction for collecting tribute from vice dens on the west side was made the target of bomb-throwers last night one of prank's buildings at 116 halsted street was dyna mited the interior of the building was badly wrecked and part of the roof was blown off the bomb-throwers _ escaned long before the police arrived frank recently erected a brick building running from 116 to 124 halsted street one story in height the building was completed a few days ago and is unoccu pied shortly after 8 o'clock in the even ing a big bomb patterned after those used by the gambling dynamiters was exploded in the center of one of the empty stores of the structure when the explosion occurred detectives cullet and mulvihill were passing by the eaploslon tore out windows and aroused the entire neighborhood the two police officers were so close that they felt the shock and were almost thrown to the ground by the force of the explosion when they saw what had happened they ran to the rear of the building hoping to catch the dynamiters the bomb how ever had been set off with a time fuse and the fuse had probably been burning half an hour before the detonation oc curred lodging houses and other places in the neighborhood were emptied when the dyna mite exploded and the police and fire de partment had to fight to keep the crowd back from the place the building which was wrecked at one time was the site of a vice resort con ducted by charles genker known as monkey face charlie who also accused the police of having forced him to pay tribute to run his resort an investiga tion conducted by lieutenant madden dis closed the fact that two men were seen hanging about the building early in the evening astors may make up mrs john jacob delays asking for confirmation of decree new ork feb 10 failure of mrs john jacob astor to apply within the last three days for a confirmation of the inter locutory deere^of divorce grfff*)ti by jn tice mills has given rise to rumors among friends that the final decree may never be sought and that a reconcllation is possi ble mrs astor has twenty-seven days re maining in which to ask for the final de cree and some of her friends believe the delay is due to the fact that henry w Taft who represented her ln court at the time the interlocutory decree was granted is at present in the west on the other hand she has other counsel in new york and it has been the general custom of coun sel in divorce cases to be prompt in having the decree of their clients made final duke weds czar angry michael's bride has been divorced three times special cable to the examiner st petersburg feb 10 there is much excitement and anger in court circles about the secret marriage of grand duke michael alcxandrovitch the czar's only brother to a woman who in the course of an adventurous career has been di vorced thrice the duke has been seen with his morganatic wife at the fashion able restaurants of moscow the attach ment has not been a secret but the mar riage only became known to-day the czar is reported to be furious and the dowager empress marie refuses to see michael the czar paid a remarkable visit to the capital to-day he was unes corted and drove iu an open carriage he visited his mother mrs Taft aids crusade joins effort to have government huildlni made sanitary washington feb 10 with the full approval and hearty co-operatiou of mrs Taft wife of the president the local coin mittee of the national civic federation will agitate for betterment of conditions in unsanitary poorly ventilated and lighted government buildings mrs john hays hammond and mrs richard wainwright wife of admiral wainwright visiter the census bureau and had a conference with director kurand about the alleged poor ventilation theve ho promised to install ventilator fans elliott's first wife sues for 2 millions claims money is due her for furnishing miner with grubstake . guggenheim plot seen relatives of dead . prospector say suit is scheme of copper trusi g suit to set aside the will of harry cur tis elliott who was killed in a snow slide december 30 1909 in alaska where j he had extensive copper properties was j begun yesterday in the circuit court by 5 mrs katherine may elliott his divorced " wife the estate is valued at 2,000,000 s and was left to his second wife mrs grace b van wormer ellott and her two-year-old j son henry curtis elliott jr 8 the first mrs elliott claims one-half of s the estate on the ground that she grub | staked elliott when he went to alaska in 1898 and that in consi leration of the ' t 500 which she gave him he agreed to give j her this share of any discoveries he might . make j relatives of the second mrs elliott who is now stopping with her brotber-in-law h p elliott at 448 oakwood boulevard say that the suit is the culmination of a plot on the part of the guggenheim copper _ interests to rob them of the richest copper holdings hi alaska i sues for grub stake h p elliot the brother of the dead man said last night in 1905 mrs kathertce elliott his di vorced wife brought suit in alaska for an alleged grub stake which she had given him when he went to alaska and found these valuable properties when as a mat ter of fact i supplied the money with which he was able to go there the only money he received from her he usedi for in suring his life in her favor in any event when the suit was started in alaska i was there and so was she she was represented by the guggenheim inter est lawyers and it was charged in the case that she was simply suing to recover the porperty so that it could be turned over to them for a consideration the snit was properly tried ln the united states terri torial court at valdez alaska and af tgr weeks er argument the - court decided that she had no claim and dismissed the suit it is simply an effort to secure prop erty to which she has no legal right no appeal was taken by her from the decision of the territorial court and all appeal is now outlawed she had absolutely no grounds on which to base her suit mrs katherine elliott is at present stop ping at 5116 kimbark avenae according to the papers which she filed in the cir cuit court yesterday through her attor ney g i haight on jan 31 18d8 elliot made a will of which the following is an extract know all men by these presents i hereby bequeath to my wife katheriue may elliot all my earthly possessions also she shall be my executrix without bond also that she shall have the entire amount of insurance also if i return from alaska whatever riches i possess she shall have 50 per ceut of the same in consideration of 500 given me in cash to make the trip to alaska tells of divorce suit this is witnessed by evelyn beeves and walter n treleaven in her bill she fur ther recites the dead man on december 24 1902 in the name of harry curtis elliott began suit against her for divorce that she filed a cross bill claiming desertion and was granted her divorce that she was told he was without funds at this time nnd believing this to be true did not sue for any alimony according to the will filed after elliott's death his second wife is to havg one-hai t of the income of the estate and one-harf is to go to his son when he becomes of age if both his son and his wife should die then 20 per cent is to be divided equally between a j elliott and louise elliott his brother and sister and the remainder is to be left to accumulate until it reaches j.2.000.000 provided it does not require more than twenty-five years after the time of his death and then this money is to go to the establishment of a home for friend less children this will is signed by wil liam s miller of winnetka and rose mitch ell and william h aart of Chicago as wit nesses hundred die in blizzard st petersburg pel 10 more than 100 persons have perisiied in a blizzard now sweeping over western russia ac cording to fragmentary reports that reached here to-day complete communi cation will not be restored for some time â€¢ as mense drifts have wrecked telegraph lines surrenders fiancee for mother's sake son of late col c c ayres can't support miss dorothy king'and parent too new york feb 10 it was announced to-day that the engagement of miss doro thy king daughter of david h king jr of fifth avenue to fairfax ayres son of the late colonel charles c ayres who resides with his widowed mother at 36 west fifty-ninth street has been broken to-night the reason for this sudden end ing to a very interesting romance was made public a reason that is typically american the announcement of the engagement last fall was heralded with much joy ln a large circle of friends of both the king and ayres families and when the sudden death of colonel ayres occurred in september the postponement to a later date was not con sidered anything extraordinary but when the situation in its true light was brought forward young fairfax had to choose be tween allowing his mother to shift for her self on the insignificant sum of 30 per month that the united states government allows her or give up his heart's desire he chose the latter his bride-elect is now at palm beach and at her home on fifth avenue it was said that the engagement is oft for good and all young ayres is iust becoming established in business with archibald mccrea in the railway supply line and his income is not sufficient yet to run two households young ayers was a cadet at west point in 1907 and loaned his sister a military coat miss ayers refused to discard the coat when ordered to do so and mrs ayers who championed her daughter was ordered off the reservation then the sudden retirement of colonel ayers was brought about in may 1908 fairfax ayers who had graduated in february and been assigned to the seventh cavalry resigned his com mission being the first in six generations of the family to give up the profession of a soldier his letter of resignation in washington explains the reason he could not serve a country it says that had re fused to recognize his father's worth and had greatly insulted his mother 80ciety girl who lose6 fiancebecau-eheispoor busse in speech no 2 mayor arlrlr-esws fire pans at dinner to marshal horan fire marshal james horan was the guest of honor at a banquet in the hotel la salle last night by the fire fans of Chicago mayor fred a busse attended and made his second public address as chief executive of Chicago after the din ner an organization was perfected to be known as the fire fans club of chi cago with j r d stevenson as presi dent and edward j sullivan as secretary the organization is composed of men prominent in the commercial financial in dustrial and professional world of chi cago who never fail to respond to a 2-11 or a 4-11 lire alarm uo matter where they are a joker in the room struck ail alarms turned in during the evening mayor busses speech was as follows i am pleased to be here and to honor my friend fire marshal horan he is a tine man and the best chief ever here is good luck to him and to this club aviator breaks record dnray covers three miles in 4 min utes 12 4-5 seconds special cable to the examiner london feb 10 a dispatch received to-day from cairo says that the aviator dnray at heliopolis has broken the aero plane record for three miles covering that distance in four minutes twelve and four iiftbs seconds in a farmau biplane mine de la hocbe won an air pilot's license from the french aero club by hy ing four times a round the aviation coarse i total distance of twelve miles she is the first woman to get this distinction vanderbilt must pay french trlunnal assesses jew yorker 4,500 for auto victim special cable to the examiner paris feb 30 harold v*au__r_ilt of new york was condemned to-day in xuâ€”u tribunal or tiro s-ii.e to pay jj-1.-oo abi ages to n hnriie.s:-r:â€žaker who '^ m a)i m m\&th by mr vauderbi'.t's mnoiikjmtfflÃŸfl ence in february ( l^o7 â€ž hyde arrested as the willful slayer of col swope physician waits with lawyer for deputy and hurries from kansas city to inde pendence to furnish bail paxton swears out warrant charging murder in the first degree judge calls special grand jury to investigate libel suits withdrawn to keep deposition out of the hands of prosecution prisoner is cheerful sleeps well kansas city mo feb 10 dr ben nett clark hyde was arrested this after noon charged with the murder of colonel thomas h swope kansas city's million aire philanthropist the complaint which charged first de gree murder was signed by johnson g paxton one of the executors of the swope estate and also one of its attorneys dr hyde's bond was fixed at 50,000 and that amount was furnished at his ar raignment before w s loar justice of the peace in independence the prelimin ary hearing was set for thursday febru ary 17 one week from to-day at t*d o'clock when dr hyde was arraigned he aroae and pleaded not guilty to the charge of murder the physician's bond of 50,000 was signed by fernando p neal president of the southwest national bank ; w d scruggs a live atock dealer at the stock yards h f hall william mclaug'.ilta of mclaughlin brothers horse ieale : john h lucas one of mrs hyde's attor neys and attorney for the metropolitan street railway company ; frank i walsh and john cleary hyde's attorneys and dr hyde himself hyde waits for warrant the warrant was served at 4 o'ei ;. hyde's attorneys were notified at noon that a warrant for his arrest would be issued and were told to have their client at the criminal court building at 4 o'clock to be arrested during the time elapsing between noon and 4 o'clock dr hyde sat in the offices of his attorneys and read he did not seem to mind the thought of being placed under arrest he chat ted with friends and attorneys and called up tiis wife wbo is a niece of colonel swope the conversation with mrs hyde wa not a long oue he simply told her that he was to be placed under arrest but that he would be home for snpper all arrangements for the bond were fixed earlier in the week at 4 o'clock when virgil conkling pros ecuting attorney appeared in the criminal court building with marshal joel mayes dr hyde who bad been chatting with a group of friends excused himself and walked over to the prosecutor's desk marshal mayes tapped him upon the shoulder from behind and said i have something here for you waives reading of warrant attorney walsh before his client could say a word jumped to his feet and said we waive the reading of the warrant immediately following this the party got into waiting automobiles and went to in dependence where dr hyde was ar raigned in the party were prosecutor virgil conkling dr hyde attorneys lu cas walsh cleary and johnson and mar v shal mayes the justice's office is a small room and there were only two chairs dr hyde was conducted to one of these and justice loar took the other dr hyde arose and declared i hate to be sitting down when so many older men are standing up won't one of you please take my chair he was told to keep his seat and the arraignment proceeded after the adjournment dr hyde rushed to his wife wbo is ill a special grand jury has been called to inquire into the death of colonel swope it will be convened saturday morn'nr at 9 o'clock 4 j this decision was reached at a lengt-'y conference between attorneys for dr hyde john g paxton's lawyers prosecu tor conkling and judge of the criminal court ralph latshaw the conference which was called at the order of prose cutor conkling was held in mr conk ling's private office and lasted about half an hour will call special grand jury judge latshaw made his first statement about the case this morniug there will be a special grand jury to investigate the swope case he said mr conkling is insisting upon lt and i do not care to be placed in the light of interfering i have issued an order tu marshal mayes to call a special grand jury conkling wants to get to work as soon as possible o the grand jury will be summoned at 9 o'clock saturday morning this is only fair the entire state is in terested in t s case the coroner's jury has cast a shadow over mr hyde if he is innocent it ought to be known if he is guilty that too ouiht to be known as soon as possible the grand jury will go through the entire swope case from start to finish every ibody with any possible connection with the deaths and sickness in the siva fnm ll wil_m x a 1 1 1 il : 2_________lt ti^^lnindj g_bt:in.i;;_ii_^b l __________ i l ____________ r__ti^^-^ii_^^r v ; ________â– c , r m r."i 4t.i page a column | _________ _ lady duff-gordon in the sunday examiner hp he foremost dressmaker in the world has been engaged by special arrangement to conduct the fashion department of the sunday examiner and in the issue of next sunday she tells for the first time the secret of how the mill owners set the fashions vto woman in Chicago should overlook this opportunity of -^ learning how the fashions really are made for her there is a whole page with some striking pictures styles fresh from paris which lady duff-gordon says are settled by the manu facturers two years before announcement are dealt with in '. nis page j3rder your paper today